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| Public Act 100-0966 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 21-103 as follows:
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(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
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Sec. 21-103. Notice by publication.
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(a) Previous notice shall be given of the intended | ||||
application by
publishing a notice thereof in some newspaper | ||||
published in the municipality
in which the person resides if | ||||
the municipality is in a county with a
population under | ||||
2,000,000, or if the person does not reside
in a municipality | ||||
in a county with a population under 2,000,000,
or if no | ||||
newspaper is published in the municipality or if the person | ||||
resides
in a county with a population of 2,000,000 or more, | ||||
then in some newspaper
published in the county where the person | ||||
resides, or if no newspaper
is published in that county, then | ||||
in some convenient newspaper published
in this State. The | ||||
notice shall be inserted for 3 consecutive weeks after filing, | ||||
the
first insertion to be at least 6 weeks before the return | ||||
day upon which
the petition is to be heard, and shall be signed | ||||
by the petitioner or, in
case of a minor, the minor's parent or | ||||
guardian, and shall set
forth the return day of court on which | ||||
the petition is to be heard and the
name sought to be assumed.
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(b) The publication requirement of subsection (a) shall not | ||
be
required in any application for a change of name involving a | ||
minor if,
before making judgment under this Article, reasonable | ||
notice and opportunity
to be heard is given to any parent whose | ||
parental rights have not been
previously terminated and to any | ||
person who has physical custody of the
child. If any of these | ||
persons are outside this State, notice and
opportunity to be | ||
heard shall be given under Section 21-104. | ||
(b-5) Upon motion, the court may issue an order directing | ||
that the notice and publication requirement be waived for a | ||
change of name involving a person who files with the court a | ||
written declaration that the person believes that publishing | ||
notice of the name change would put the person at risk of | ||
physical harm or discrimination. The person must provide | ||
evidence to support the claim that publishing notice of the | ||
name change would put the person at risk of physical harm or | ||
discrimination.
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(c) The Director of State Police or his or her designee may | ||
apply to the
circuit court
for an order directing that the | ||
notice and publication requirements of
this Section be waived | ||
if the Director or his or her designee certifies that
the name | ||
change being sought is intended to protect a witness during and
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following a criminal investigation or proceeding.
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(d) The maximum rate charged for publication of a notice | ||
under this Section may not exceed the lowest classified rate | ||
paid by commercial users for comparable space in the newspaper | ||
in which the notice appears and shall include all cash | ||
discounts, multiple insertion discounts, and similar benefits | ||
extended to the newspaper's regular customers. | ||
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | ||
100-565 for the effective date of P.A. 100-520).)
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